Massachusetts Workers Comp System At A Glance

Workers’ Compensation in Massachusetts: Understanding Your Rights and Benefits

In Massachusetts, workers’ compensation is a state-mandated, no fault system designed to provide support to employees who suffer workplace injuries or occupational illnesses. Overseen by the Department of Industrial Accidents (DIA), this program ensures access to medical care, wage replacement, and other critical benefits to the injured worker.

Who Is Covered?

Nearly all workers in Massachusetts, including part-time, volunteer, informal, and undocumented workers, are covered under this system, regardless of how they’re paid. Only self-employed individuals are excluded, unless they opt into their own coverage.

Types of Benefits Available

Medical Benefits

Workers are entitled to reasonable and related medical care for job-related injuries or illnesses. This covers virtually all aspects of treatment ranging from simple medication to complex surgical procedures.

Temporary Total Incapacity Benefits – Section 34

If you’re unable to work for six or more days, Section 34 provides weekly disability checks for 60% of your gross average weekly wage. Benefits begin on the sixth day and may last up to 3 years.

Temporary Partial Incapacity Benefits – Section 35

If you can still work but earn less due to your injury, you may receive Section 35 partial disability benefits to compensate you for a portion of the difference in earnings due to the injury.

Permanent and Total Incapacity – Section 34A

For those permanently unable to work, Section 34A provides weekly disability checks for 66% of your gross average weekly wage. Section 34A benefits can continue indefinitely, with annual cost-of-living adjustments (COLA).

Permanent Disfigurement or Loss of Function – Section 36

Injuries causing scarring or loss of function—especially when affecting the face, neck, or hands—may qualify for a one-time lump-sum payment, in addition to other benefits. Other benefits are available for loss of function.

Survivors’ and Dependent Benefits – Section 31

In fatalities resulting from a workplace incident, surviving spouses receive two-thirds of the deceased’s average weekly wage. Benefits include COLA starting two years after the injury or illness date. Benefits can continue indefinitely but may be stopped if the surviving spouse remarries. Benefits for dependent children are also available under this section.

For more information regarding these types of benefits, visit the following page.

Lump Sum Settlements

Workers and insurers may agree to a one-time lump sum in place of ongoing benefits. Accepting such a settlement means relinquishing rights to future weekly benefits, so careful consideration—and often legal counsel is essential.

For more information, visit the following page.

Filing a Claim & Rights

To initiate a claim, the employer must file a Form 101 within seven days after five or more days of missed work. If the employer fails to do so within 30 days, the worker can file a Form 110 directly with the DIA and insurer.

Final Thoughts

This is a very cursory summary of the Massachusetts workers’ compensation system. Though it may seem simple in theory, it is rather complex. Following a work injury, the injured workers’ employer may attempt to steer the Employee down a path that may work against their interest later on down the road. Furthermore, this give the workers’ comp insurance companies more time to prepare to defend against any claims. This is why it is crucial to contact an experienced Massachusetts workers comp lawyer as soon as possible following a work injury. Having someone experienced in Massachusetts workers compensation law will help ensure that your rights are protected during this crucial time.

Troupe Law Office offers a free consultation of your case. There is no charge to call and speak with us. If we are later successful in obtaining an order of benefits, the attorney’s fees are set out in the Massachusetts Wokers’ Compensation Statute (Chapter 152). Most of the time, the Attorney’s fees are paid by the Insurer. In the event of a Lump Sum Settlement of the claim, the standard Attorney’s fee is a percentage of the total lump sum amount (20%).

If you have been injured at work, it is important that you call us as soon as possible at (978) 531-7401, or email us.

It is our goal to provide you with the best possible representation for your Workers’ Compensation case. We look forward to hearing from you.